General Conditions of Sale - General Terms and Conditions

TERMS OF SALES

Last updated on May 26, 2017.

Welcome to the website www.seventyone-percent.com.

LAMALO SA and/or its affiliated companies (“Seventy-one percent”) provide website functionality and other products and services when you visit or purchase from the Website www.Seventyone-percent.com (the “Website”) , use of Seventyone-percent products and services or use of software provided by Seventyone-percent in connection with any of the foregoing (collectively, the “Seventyone-percent Services "). Seventyone-percent provides the Seventyone-percent Services under the conditions set out on this page.

These General Conditions of Sale govern the sale of products between LAMALO SA and you. We offer a wide range of Seventyone-percent Services and additional conditions may apply. In addition, when you use a Seventyone-percent Service, you are also subject to the terms, guidelines and conditions applicable to that Seventyone-percent Service (the “Service Terms”). If these General Conditions of Sale conflict with the Conditions of Service, the Conditions of Service will prevail.

Please read these conditions carefully before placing an order with LAMALO SA. By ordering with LAMALO SA, you notify us of your agreement to be subject to these conditions.

1. HOW TO ORDER

If you wish to purchase one or more product(s) listed on the Website, you must select each product you wish to purchase and add it to your shopping cart. When you have selected all the products you want to purchase, you can confirm the contents of your basket and place the order.

At this stage, you will be redirected to a page summarizing the details of the products you have selected, their price and delivery options (with the relevant delivery costs). You will then need to choose the delivery options as well as the shipping and payment methods that suit you best.

You need to click on the buy button to confirm and place your order.

After placing your order, we will send you a confirmation message. We inform you when your items are sent. You nevertheless have the possibility of modifying your order until the date your items are sent.

You agree to obtain invoices for your purchases electronically.

2. RIGHT OF RETENTION

The delivered products remain the property of Seventyone-percent until they are handed over to the carrier.

3. RIGHT OF WITHDRAWAL OF 1 5 DAYS :

LEGAL RIGHT OF WITHDRAWAL

Unless one of the exceptions listed below is applicable, you may withdraw from your order without giving any reason within 15 days from the date on which you, or a third party designated by you (other than the carrier), took physical possession of the goods purchased (or of the last good, lot or part if the contract concerns the delivery of several goods or several lots or parts delivered separately) or of the date on which you concluded the contract.

You must notify us (LAMALO SA – Moulin d'Yrieu 40530 LABENNE France) of your decision to withdraw from your order. You can submit your request online in accordance with the instructions and forms available from our online returns center, using this form , or by mail. In case you use the Online Returns Center , we will send you an acknowledgment of receipt.

To meet the withdrawal deadline, simply send your withdrawal request before the 14-day period expires and return your product.

For any additional information on the scope, content and instructions for exercising your right of withdrawal, please contact us electronically at infos@seventyone-percent.com

EFFECTS OF WITHDRAWAL

We will refund all payments we have received from you, including standard delivery charges (i.e. the cheapest delivery we offer) no later than 15 days from receipt of your withdrawal request. We will use the same payment method that you used for your initial order, unless you expressly agree to a different method. In any case, this reimbursement will not cause additional costs for you. We may withhold reimbursement until we have received the product(s) or until you have provided proof of shipment of the product(s), whichever date is the date of first of these facts. If the reimbursement occurs after the deadline mentioned above, the amount owed to you will be automatically increased.

Please note that you must return the product(s) no later than 15 days from the date on which you notify us of your decision to withdraw.

You must bear the direct costs of returning the product(s). You will be responsible for the depreciation of the value of the product(s) resulting from manipulations (other than those necessary to establish the nature, characteristics and proper functioning of this product(s))

EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

•The right of withdrawal does not apply to:

ola delivery of products which cannot be returned for reasons of hygiene or health protection, if you have unsealed them or which have, after being delivered, been mixed inseparably with other items;

ola delivery of products that have been made to your specifications or clearly personalized;

ola supply of products likely to deteriorate quickly;

ola provision of services fully executed by Seventyone-percent for which you accepted at the time of placing your order that we begin their execution, and waived your right of withdrawal;

OUR 30-DAY RETURNS POLICY

Without prejudice to the rights granted to you by law, Seventyone-percent offers you the following returns policy:

All products from the Seventyone-percent site can be returned within 30 days of receipt of the products by Seventyone-percent if the products are complete and in new and intact condition. We will only take back plastic-wrapped or sealed data carriers if they are still in their plastic packaging or have not been unsealed.

If you return product(s) in accordance with our returns policy, we will refund the price you paid but not the delivery costs of your original purchase. Likewise, the risks associated with transport and return delivery costs will be your responsibility. This returns policy does not affect your legal rights, including your statutory right of withdrawal described above.

You also benefit from the legal guarantees of conformity and hidden defects mentioned in article 6 of these General Conditions of Sale (“Our Responsibility Guarantees”).

4. PRICE AND AVAILABILITY

All prices are inclusive of all French taxes (French VAT and other applicable taxes) unless otherwise indicated.

We display the availability of the products we sell on the Website on each product sheet. We cannot provide more details regarding product availability than what is indicated on said page or elsewhere on the Website. When processing your order, we will notify you as soon as possible by email using the address associated with your subscription if any products you ordered turn out to be unavailable, and we will not charge you for those products.

Despite our best efforts, a small number of the products in our catalog may be incorrectly priced. We will verify the price at the time of processing your order and before any payment. If it turns out that we have made an error in displaying the price, and the actual price is higher than the price displayed on the Website, we may contact you to ask if you wish to purchase the product at its price. real or if you prefer to cancel your order. If the actual price is lower than the displayed price, we will charge you the lower amount and ship the product to you.

5. CUSTOMS

When you order products from Seventyone-percent for delivery outside the European Union, you may be subject to import duties and taxes, which are collected when the package arrives at its destination. Any additional customs clearance costs will be your responsibility; we have no control over these charges. Customs policies vary greatly from country to country, so you should contact the local customs department for more information. Additionally, please note that when you order from Seventyone-percent, you are considered the importer of record and must comply with all laws and regulations of the country in which you receive the products. The protection of your privacy is important to us and we draw the attention of our international customers to the fact that cross-border deliveries are likely to be opened and inspected by customs authorities.

6 . OUR RESPONSIBILITY - GUARANTEES

You benefit from the legal guarantee of conformity under the conditions of articles L.217-4 et seq. of the Consumer Code and the guarantee against hidden defects under the conditions provided for in articles 1641 et seq. of the Civil Code.

When you act under a legal guarantee of conformity,

•you benefit from a period of two years from delivery of the goods to act;

•you can choose between repairing or replacing the goods, subject to the cost conditions provided for by article L.217-9 of the Consumer Code;

•for any product purchased until March 17, 2016 at 11:59:59 p.m., you are exempt from providing proof of the existence of the lack of conformity of the good during the six (6) months following delivery of the good;

•for any product purchased from midnight on March 18, 2016, you are exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four (24) months following delivery of the goods, except for goods second-hand goods for which you are exempt from providing proof of the existence of the lack of conformity of the goods only during the six (6) months following delivery of the goods.

The legal guarantee of conformity applies independently of any commercial guarantee granted.

You can decide to implement the guarantee against hidden defects within the meaning of article 1641 of the civil code. In this case, you can choose between canceling the sale or reducing the sale price (article 1644 of the civil code).

With the exception of deliveries to France, we decline all responsibility in the event that the item delivered does not comply with the legislation of the country of delivery.

We undertake to provide all the care customary in the profession for the implementation of the service offered to the customer. However, our liability cannot be retained in the event of delay or failure to fulfill our contractual obligations if the delay or failure is due to a cause beyond our control: fortuitous event or force majeure as defined by applicable law. .

We will not be held liable in the event of a delay due to a stock shortage at the publisher or supplier. Furthermore, we will not be held liable in the event of minor differences between the photos presenting the articles and the texts displayed on the Seventyone-percent Website, and the products delivered.

We implement all the means at our disposal to ensure the services covered by these General Conditions of Sale. We are liable for any direct and foreseeable damage at the time of use of the Website or the conclusion of the sales contract between us and you. As part of our relationships with professionals, we will not incur any liability for loss of profits, commercial losses, loss of data or loss of profit or any other indirect damage or which was not foreseeable at the time of use. of the Website or the conclusion of the sales contract between us and you.

The limitation of liability referred to above is inapplicable in the event of fraud or gross negligence on our part, in the event of bodily injury or liability due to defective products, in the event of eviction and in the event of non-compliance (including included due to hidden defects).

7 . APPLICABLE RIGHT

These Terms of Use are subject to French law, and the application of the Vienna Convention on Contracts for the International Sale of Goods is expressly excluded. You, like us, agree to submit all disputes arising from the commercial relationship existing between you and us to the non-exclusive jurisdiction of the French courts, which means that for the application of these General Conditions of Sale, you can bring an action to assert your consumer rights, in France or in the country of the European Union in which you reside.

The European Commission provides an online dispute resolution platform which you can access here: http://ec.europa.eu/consumers/odr/ . If there is a matter you would like to draw our attention to, please contact us electronically at infos@seventyone-percent.com

8 . MODIFICATION OF THE SERVICE OR GENERAL CONDITIONS OF SALE

We reserve the right to make changes to our Website, our procedures, and our terms and conditions, including these General Conditions of Sale at any time. You are subject to the terms and conditions, procedures and General Conditions of Sale in force at the time you order a product from us, unless a change to these terms and conditions, or these General Conditions of Sale is required by an administrative or governmental authority. (in this case, this change may apply to previous orders you have made). If any of the stipulations of these General Conditions of Sale is deemed invalid, void or inapplicable, for whatever reason, this stipulation will be deemed severable and will not affect the validity and effectiveness of the remaining stipulations.

9 . WAIVER

If you violate these General Conditions of Sale and we take no action, we would still be entitled to use our rights and remedies in all other situations where you violate these General Conditions of Sale.

10 . MINORS

Minors are permitted to purchase products on our site under the supervision of a parent or guardian.

12. IDENTIFICATION

Seventyone-percent is a trademark used by LAMALO SA. Our contact information is as follows:

SEVENTYONE-PERCENT FRANCE

LAMALO SA – Moulin d’Yrieu 40530 LABENNE France

Registered in France.
Share capital: €169,882.00
France RCS DAX 512 941 345
Intracommunity VAT number : FR425 12941345